MORE LIGHT PLS

[DAMMYDAMMY]

thank so much all of u who has given me ur wisdom n understandings,i value u all,u re all great guys.thank u

[DAMMYDAMMY]

Sorry guys,i have come again pls,i still need more light on my situation pls,gurus n well wishers pls do help me out,i have sucessfully move my wife from income support back to jsa, she is now looking to start work soonest.
But pls, when i will be due for indefinate,i dont want to have a problem,if you have followed my story from start you will know by now we are not living together but married with a son,i have letters coming in her house on my name,before i meet her she has been claimming housing benefit,child benefit n child tax credit,and shes still claimming till now,pls,how will dat affect me n wat can i do abt it pls,i dont know much abt these things but pls i ll like u all to help me,i dont want to have a problem pls.thanks

[John]

Remember, there is no escape from the requirement that an eea national should not be burden on state benefits and housing and income support are major benefits and violate this criteria.

The source of your information? You are making very general statements, and if only the reality was that simple.

[sheraz7]

@John
Refer to ukba website, there is a large chapter regarding public benefits and their affects. According to it certain benefits are allowed and does not cause any major negative results such as income contribution related ones but certainly not the ones like housing and job seeker

[John]

Oh dear, I fear you are totally misunderstanding the situation. I am not going to open a whole discussion here. Such matters are covered thoroughly in the Claiming Benefits section of this board.

For example this topic :-

http://www.immigrationboards.com/viewtopic.php?t=60557

[Obie]

It is important to note that those guidance, in most part, do not reflect the laws or caselaws. They are in some cases distortion of the law or reality. They are in my views, designed for internal consumption.

The question is "unreasonable burden". If there is a burden, there is no problem, provided it is not unreasonable.

In deciding whether a burden is unreasonable, factors such as the employment history of the person, the length of time they have been on benefits, the reason they are on benefit, and how long it is envisage they will be on benefit will be factored and considered, before a decision is made.

The situation of a self sufficient person or student, will be different from that of a migrabt worker. The position of a long term disabled person, will be different from a temporary ill person, or a single mother, who recently gave birth.

It all depends on the circunstance, as John correctly pointed, and not a straight black and white answer, especially where EU law is concerned.

[sheraz7]

Many thanks for your input and its agreeable especially that personal circumstances should be considered as because many things are unclear in law e.g unreasonable burden. However, most frequently getting PR is far more important for non-eea national than eea national who even many times aven being eligible not bother to apply it and most often the case relating to non-eea national trigger various questions for caseworker that even lead to the actual verification of the involved factors.
It should not be still straight but based on the relevant and virtual factors can be possible.

[rachellynn1972]

I dont want to comment but i feel i should. One question here to all that has talk about benefits claims in relation to an eea and their family members. Has anyone here ever come across a case that residency right was refused because someone claim benefits?. I will say NO. You can only be refused because you did not exercise treaty right not because you claim benefits. You can claim what ever you like as long it will affect you in exercising treaty right for the first continuous 5yrs. A month or two of claiming income support or hb cannot stop the counting of continuity of your residency. Pls check your dictionary for the definition of "continuous" a reasonable break in the middle do not stop the flow of continuous and you can never be refused solely because you claim benefits, that will not pass in the court of law, you will only be refused because you fail to exercise your continuous treaty right. There are many eu citizen living in this country, only those with a non eea family member have got problem of one or two and at the end they are still qualify to have their residency even if need to restart the count. If you are an eu that dont have a non eea family member, you can claim what ever as long you qualify for the benefits rules till Jesus come. Amen.